Electronic Filing: Law Firm Considerations

This is Part 9 of 10 in the eFiling Blog Series, check out Part 8 here.

Ten to fifteen years ago, some of the strongest advocacy for the rather radical idea of eFiling came from large law firms. While smaller firms had some serious doubts as to “what was in it for them”, larger firms had already learned (sometimes against their initial will) some major lessons from dealing with the then-nascent, mandatory, federal eFiling system. The biggest of these lessons may be loosely summarized as “eFiling is easier, cheaper, and more reliable than paper filing.”

Today, my technophobic wife, a long-time legal secretary, becomes frustrated and annoyed when she has to file a matter with a court that has yet to adopt eFiling. So much for the “It’s too complicated, too cumbersome, and too difficult” rants that I used to endure at the inception of eFiling.

Removing the logistics of physically getting documents to court constitutes, in of itself, sufficient reason for law firms to appreciate eFiling. Firms are able to file from anywhere, at any time, immediately, and without sending anyone to the court or waiting for land mail to (hopefully) make its way to the destination. Even when “convenience fees” help fund the system, any fair accounting will rapidly conclude that the firm savings in staff salary, postage, and courier expense significantly mitigates, and probably exceeds any surcharge.

But the advantages (and cost savings) extend far beyond simply getting the documents to court. Most modern, robust eFiling systems also include automatic notice and confirmation of filing (or notice of rejection, to alert the firm there is a problem). The need to wait for a confirming postcard and then connect it with the file (all of which chews up more staff time) is eliminated; not to mention the potential for malpractice claims.

Moreover, the e-service capabilities of most modern eFiling systems probably generate even more dollar savings than the court filing piece. In two party cases, the savings will be significant. In multi-party cases, the savings can be extremely large. Again, the savings accrue on both ends of the transaction: On already filed cases, service on all parties is automatic. Moreover, confirmation/proof of e-service is ALSO automatic.

For firms doing bulk filings (like collections and small claims, for example), and for multi-party and class action matters, the entire process of claims and case handling can be streamlined along entirely new models.

There are, of course, some important areas of which firms must be aware and provide due diligence. With eFiling comes a host of new court rules. Where a firm deals with just one court, knowing that court’s rules and aligning the firm’s processes with them will take some effort. (As an aside, automated workflow can be of tremendous assistance.)

Far more common will be firms that deal with multiple courts. While there are various initiatives to achieve some form of standards, the fact is, just as has historically been the case, that it seems like no two courts do things exactly the same way.

Even courts using the same eFiling system may (and probably do) have differing rules. When filings are deemed received may be different. Rules for re-eFiling rejected filings may be different. Fee amounts may be different.

The same thing applies if a court is using an Electronic Filing Manager (EFM). While the actual mechanics of filing will be pretty similar for each court despite possible differences in their eFiling systems, each court is going to have its own set of rules. And as we all know too well, courts can be VERY sticky about insisting on adherence to their variation, no matter how obscure.

Fortunately, documentation, training, and “help desk” support has gotten very good. Many courts offer Continuing Legal Education sessions (with credit) for training and updates, and/or refreshers on the ins and outs of eFiling. Law firms should take advantage of it all and not skimp on staff (including attorney) training.

I expect that my wife reflects the typical view of law firm staff when she energetically (and without prompting from me) declares that she would never go back to the days before eFiling.